Corzine Vetoes Expanded Wrongful Death Damages In New Jersey
[Image: Veto image taken from a website by "The Office of the Clerk" of the U.S. House of Representatives, 10/29/07]
Yesterday, New Jersey Governor Jon S. Corzine "pocket vetoed" legislation addressed here previously that would have broadened the grounds for survivors' claims in wrongful death cases, including unlimited damages for "grief". According to the New Jersey State Bar Association's Daily Briefing (members only), Corzine said that "unlimited damages based on emotional anguish or pain and suffering could have a significant impact on state and local budgets, since government entities are not infrequently named as defendants in wrongful-death suits, and there are similar concerns as the State undertakes efforts to attract and grow businesses here."
Although the Governor did not specifically mention the concerns of healthcare providers in his veto message, this action caused a sigh of relief among healthcare industry advocates, who had worked hard to oppose the legislation. No doubt the bill will be reintroduced.
Corzine recommended "that the Legislature consider alternative means of striking an appropriate balance, especially by granting more flexibility for courts to reduce excessive non-pecuniary damage awards and defining non-pecuniary damages less expansively" (emphasis mine). Interesting possibilities. But for now, at least, the dynamics of resolving healthcare wrongful death cases in New Jersey remain unchanged.
